Generally it cannot be inquired by the courts further

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: clerk of court. As stated in Daza v. Singson, G.R. No. 87721‐30, December 21, 1989, it is within the scope of judicial power to pass upon the validity of the actions of the other departments of the Government. A: Criminal liability is totally extinguished by amnesty; the penalty and all its effects are thus extinguished. Amnesty reaches back to the past and erases whatever shade of guilt there was. In the eyes of the law, a person granted amnesty is considered a new‐born child. (Cruz, Philippine Political Law, 2002 ed., p. 237) Q: What is remission? Q: Differentiate amnesty from pardon. A: Remission of fines and forfeitures merely prevents the collection of fines or the confiscation of forfeited property. It cannot have the effect of returning property which has been vested in third parties or money already in the public treasury. A: Note: The power of the President to remit fines and forfeitures may not be limited by any act of Congress. But a statue may validly authorize other officers, such as department heads or bureau chiefs, to remit administrative fines and forfeitures. Q: What are the effects of the grant of amnesty? AMNESTY Addressed to Political offenses Granted to a Class of Persons Granted to Individuals Requires concurrence of majority of all members of Congress Does not require concurrence of Congress Public act to which the court may take judicial notice of Private act which must be pleaded and proved Looks backward and puts to oblivion the offense itself Looks forward and relieves the pardonee of the consequence of the offense May be granted before or after conviction Only granted after conviction by final judgment Need not be accepted Must be accepted Q: What is probation? A: It is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer. Q: What is a parole? A: The suspension of the sentence of a convict granted by a Parole Board after servi...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online